R-6929
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RESO~UTION NUHBER6929 ICCS)
A RESO~UTION OF THE CITY COUNCI~ OF THE CITY OF
SANTA MONICA DETERMINING CERTAIN PUB~IC
FACI~ITIES AND IMPROVEMENTS TO BE OF BENEFIT TO
THE OCEAN PARK REDEVE~OPMENT PROJECT AREA AND
DETERMINING THAT NO OTHER REASONABLE MEANS OF
FINANCING SAID PUBLIC IMPROVEMENTS IS AVAILABLE
TO THE CITY; CONSENTING TO THE PAYMENT BY THE
SANTA MONICA REDEVELOPMENT AGENCY OF THE COST
OF CONSTRUCTION AND INSTAL~ATION OF SUCH PUB~IC
IMPROVEMENTS; AND APPROVING AND AUTHORIZING
EXECUTION OF A COOPERATION AND REIMBURSEMENT
AGREEMENT BETWEEN THE AGENCY AND THE CITY
WHEREAS, the City desires to enter into a Cooperation
and Reimbursement Agreement lattached hereto as Exhibit "A")
with the Santa Monica Redevelopment Agency regarding payments
to the City for the value and cost of certain public
improvements of benefit to the Ocean Park Redevelopment
Project Area; and
WHEREAS, California Health and Safety Code Section 33445
requires the City Council to consent to said payments and to
determine that the public improvements are of benefit to the
Redevelopment Project Area and that no other reasonable means
of financing said public improvements is available to the City
prior to said payments being made by the Agency; and
WHEREAS, Health and Safety Code Section 33679 requires
that prior to the commitment by the Agency to use tax
increment funds for those public improvements consisting of
installation or construction of publicly owned buildings, the
City Council hold a public hearing to consider the making of
such payments by the Agency, the benefit of such improvements
1
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to the Redevelopment Project Area, and the availability to the
City of alternative means of financing such improvements;
WHEREAS, on October 23, 1984, the City Council and the
Agency held a duly noticed public hearing on the proposed
payments by the Agency;
WHEREAS, the issue of benefit to the Project Area, and
the alternative means of financing the improvements have been
considered in the Report entitled "summary Report Pertaining
to the Proposed payment by the Santa Monica Redevelopment
Agency for the Cost of Proposed Public Improvements to the
Ocean Park Branch Library," attached hereto as Exhibit "B" and
incorporated herein by reference; and
WHEREAS, the value and cost of said public improvements
has been, or will be, paid for initially by the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. It is hereby determined for the reasons set
forth in Part IlIA of Exhibit "B," that the facilities,
-~
structures and other improvements constructed and installed by
the City pursuant to the cooperation and Reimbursement
Agreement between the City and Agency, are of benefit to the
Ocean Park Redevelopment Project Area.
SECTION 2. The City Council hereby determines for the
reasons set forth in Part IIIB of Exhibit "B," that no other
reasonable means of financing said public improvements is
available to the City.
2
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SECTION 3.
The City Council hereby consents to and
approves
payment of $512,385.00, from the Santa Monica
Redevelopment Agency to the City as reimbursement to the City
for the value and cost of the installation and construction of
the improvements, as set forth in the above-referenced
Cooperation and Reimbursement Agreement (Exhibit "A").
SECTION 4. The cooperation and Reimbursement Agreement
is hereby approved; and the Mayor is hereby authorized to
execute said Agreement on behalf of the City.
SECTION 5. The City Clerk shall certify to the adoption
of this Resolution, and thenceforth and thereafter the same
shall be in full force and effect.
APPROVED AS TO FORM:
~~~~
ROBERT M. MYERS c.~
City Attorney
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Adopted and approved this 23rd day of October, 1984.
ri2 -7-f/
ayor
I hereby certify that the foregoing Resolution No. 6929(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on October 23, 1984 by the following
Council vote:
Ayes: Councilmembers: Conn, Epstein, Jennings, Press,
Reed, Zane and Mayor Edwards
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
tL: ~~
City Clerk
COOPERATIO~D REIMBURSEMENT AGREEMEAltFOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS TO THE OCEAN
PARK BRANCH LIBRARY BY THE SANTA MONICA
REDEVELOPMENT AGENCY FOR THE BENEFIT OF OCEAN
PARK REDEVELOPMENT PROJECTS l(A) AND 1(5)
BY AND BETWEEN
CITY OF SANTA MONICA
AND
SANTA MONICA REDEVELOPMENT AGENCY
THIS AGREEMENT, entered into this
day of
1984, by and between SANTA MONICA REDEVELOPMENT 'AGENCY, a
public body corporate and politic (the "Agency"), and the CITY
OF SANTA MONICA, a municipal corporation (the "City"), with
reference to the following:
R E. ~ 1. I. A .t.. ~:
A. The
Agency
is
undertaking certain ~ctiVltles
necessary for the execution of Ocean Park Redevelopment
Project l(a) and l(b) under the provisions of the Callfornia
Community Redevelopment Law and pursuant to Redevelopment
Plans l(a) and l(b) for Project. Redevelopment Plan l(a) was
adopted on June 30, 1960 and the Redevelopment Plan for
ProJect l(b), adopted on January 24, 1961, by the City CounCil
of the City of Santa Monlca. Projects l[a) and lib) are
referred to herein collectively as the "Project."
ATTACHMENT TO Resolutlon No. 395 (RAS) and
Resolutlon No. 6929(CCS)
1
B. The AgJlty deslres to contract~th the City to
construct and install certaln public improvements and
facilities described herein In connection with the Project.
C. The Agency and the City Council have determIned that
saId public improvements and facilities described in this
Agreement are of beneflt to the Project and to the immedIate
neighborhood in which the ProJect is located, and that no
other reasonable means of finanCIng saId improvements is
available to the City.
D. The City has paid or
improvements on condition that the
for its costs.
will pay for saId public
Agency reImburse the City
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
1. SCOPE OF SERVICES.
The City shall cause to be designed, constructed and
~~stalled the following public facilities and improvements in
a satisfactory and proper manner pursuant to plans and
specifications to be prepared by the City and submitted to the
Agency for its approval:
A schedule of the public improvements is set forth in
Exhibit A, "Improvements to Ocean Park Branch Library,"
attached hereto and incorporated herein by this reference.
2.
The
TIM~ Of fERFORMANCE.
services required pursuant
not later than August I,
to SectIon
1984, and
shall
shall be
commence
2
dillgently perfo~ by the City. proJect~completlon date
for all described improvements is Aprll 15, 1985.
3. COMPENSATION.
A. Comoe~s~~~on.
The Agency shall pay the City for the actual as-built
costs incurred by the City for the public lmprovement work set
forth in Section and Exhlbit A hereto. The Clty'S
preparation of plans and speclfications and performance of all
City supervisory and engineering work shall be relmbursed by
the Agency at the City's actual costs including payroll costs,
material, travel, and other related expenses.
B. Maximum Comoensation.
The total compensation for all work performed pursuant
to Section 1 and Exhibit A hereto, shall not exceed the sum of
Five Hundred Twelve Thousand, Three Hundred Eighty Five
DollarS ($512,385.001, without further Agency approval.
C. Method of Pavment.
The
the proper
l(bl, pay
Agency shall at its discretion ar.d consistent with
implementation of Redevelopment Plans l(al and
the City from any funds which may then be legally
available to Agency therefor, including tax increment payments
and proceeds from the sale of bonds.
O. Subordinatlon of Citv Indebtedness.
The lndebtedness of the Agency to the City created by
thls Agreement is subordlnate to any pledge of tax increments
to the bondholders of any tax lncrement bonds which are or may
be issued by the Agency.
3
4.
LIABILI~AND INDEMNIFICATION.
.
In contemplation of the p~ovislons of Section 695.2 of
the Government Code of the State of Callfornia lmposing
ce~tain tort liability jointly upon publlC entities solely by
reason of such entities being parties to an agreement as
defined by Section 895 of said Code, the parties hereto, as
between themselves, pursuant to the authorization contalned ln
Section 895.4 and 895.6 of said Code, will each assume the
full liabllity imposed upon lt, or any of ltS officers, agents
or employees by law for injury caused by negligent or wrongful
act or omission occurring in the performance of this Agreement
to the same extent that such liability would be imposed in the
absence of Section 895.2 of said Code. To achleve the
above-stated purpose, each party indemnifies and holds
harmless the other party for any loss, costs or expense that
may be imposed upon such other party solely by virtue of said
Sectlon 895.2. The provlsions of Section 2778 of the
California Clvil Code are made a pa~t hereof as if fully set
forth herein.
4
IN
WITNESS .HEREOF,
Agreement as of the date flrst set out herein.
parties
ATTEST:
Clty Clerk
APPROVED AS TO FORM:
ROBERT M. MYERS
Clty Attorney
ATTEST:
Agency Secretary
APPROVED:
Agency Counsel
By
the
.
have
executed
CITY OF SANTA MONICA,
a munlcipal corporatlon
By
Mayor
SANTA MONICA REDEVELOPMENT AGENCY
By
Executive Director
5
the
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OCEAl~ PARK BRA1:CH LI BRARY H'PRO\'E~'E~;TS
1. Addition for Lobby, Restrooms,
Children's Library, Elevator,
and Basement Exhibit Space
2. Structural Upgrade for Seismic
Safety
3. Skylights and Roof MOdification
4. Double-glaze windows
5. LJ.gh ting
6. Replace CeJ.ling
7. Replace Flooring
8. Replace Wlring
9. Repair and Replace Plumbing
10. Revisions to HVAC
11. Painting
12. New Partitions and Counters
13. New Shelving
14. Additions to ~eeting Room
MISCELLANEOUS
1. Parking
2. Moving Books and Furniture
3. New Furnishings
4. Temporary Relocat1.on
EXE'I::!'1' ;r
.
.
ATTACHMENT TO Resolution No. 395 (RAS) and
Resolutlon No. 6929(CCS)
OCEAN PARK REDEVELOPM~~~ P?0~EC~
SANT~ MONICA. CAt!:OPN:;
5UM~~?Y F~?0?~ PE?~:!~!~G TO T~~ ?P~?0S~~ FAY~E~T
BY T~~ S~N~n VC~!C~ ?~~EVE~~P~EN~ ~~E~CY ~OR ~~E
c~e~ ~~ ??S?~SEt P~E~!C !MP~~VE~EN~S T0 T~E
OC~~N p~~v =R~NC~ L:3?~PY
5ANT~ MONICA REDEVE~O?~ENT AGENCY
October 9, 1984
Exhibit B
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TJS:E OF CON~E!:75
.
Pac~
!. Introductlon 1
II. E~tlmatee Tax Increment Funes Proposed to
be Used to Pay Costs of Ocean Park
Branch ~lbrary Improvements 2
III. Facts 5upportlng FIndIngs 2
A. The Ocean Park Branch ~lbrary
Improvements are of BenefIt to
the ProJect Area 2
B FInanCIng AlternatIves. No Other
Reasonable Means of FInanCIng the
Ocea~ Park Branch LIbrary Improveme~ts
1S AvaIlable to the Commun1ty 3
IV.
The Redeveloo~ent Puroose for whIch Tax
Increment Fu~ds are beIng Used to Pay for
the Ocean Park Branch L1brary I~provements
4
Exhlblt A - CooperatIon and'Relmbursement
Agree~ent Betwee~ the CIty of
Santa MonIca and the Santa Mon1ca
Redevelo~ment Agency
Exhlblt B - SIte Map
Exhlblt C - Excerpt of Clty Staff Report Dated
June 26, 1984 [Contalnlng
ConstructIon Cost Estlmates for
the Ocean Park Branch LIbrary
Improvements)
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I. INTRODUCTION.
The Santa Monica Redeveloprr:ent Agency ("Agency") has
prepared this s~~ary report pursuant to Section 33445 of the
Ca12fornia Community Redevelopment Law (Health and Safety Code
Sections 33000 ~ seq.).
Attached to this summary report as Exhibit "A," and
'- incorporated herein by reference, is a proposed Cooperation
and Reimbursement Agreement ("Agreement") between the Agency
and the City of Santa Mon2ca' ("City") for the development of
certain public facilities and improvements for the benef2t of
the Ocean Park Redevelopment Project.
Pursuant to the Agreement, the Agency will design,
construct and install the following public improvements for
the benefit of the commun2ty as a whole and O~ean Park
Redevelopment Project Areas l(a) and l(b) (herelonafter
collectively "Project Area") in particular:
A. Structural rehabilitation and reinforcer..ent of the
Ocean Park Branch Library build2ng to comply with seismic
safety stancards.
B. Exnansion of
sq~are feet at ground
library in order to:
(1) Increase the childrens' library area;
the Library by approx2mately I,OCa
level at the rear of the eXlstlng
(2) Enlarge adult stuuy areas;
(3) Add a lobby and new entrance.
C. Upgrading
basement, includlng
kitchen facility.
of the Community Room
new entrances, exits,
in the Library's
restrooms and a
D. Addition of access and facilities for the disabled
at all levels (2ncludes elevator and restrooms).
E. Construct20n of a new ma2n entrance on No~an Place.
(The eXlst2ng entrance on Maln Street will become an emergency
eXlot. )
F. Upgrad2ng of film fac2lities.
G. Stru' _ural i~,provements for n02se control.
H. Addlot20n of an air-conGitloning syst~~.
The location of the propcsed public improvements 2S
shewn on the Slte Hap, Exh2bit "B."
1
.
It IS proposed that the
constructlng the pUblIc facll:tles
lncrement funds recelved by the
Redevelopment ProJect pursuant
communIty Redevelopment taw.
.
Aoencv oav fo~ the c~s~ of
and lm~rovements out of :ax
Agency" from the Ocea'l Park
to Sec~lon 33570 of the
Attached hereto as Exh:blt .C,. and lncorporated hereln
by reference, is the relevant portIon of the Clty Staff Report
of June 26, 1984 settlng forth the speclflc details (includIng
constructlon cost estimates) of the Ocean Park Branch tibrarv
proposed public improvements to be deslgned, constructed and
installed uSlng tax increment funds.
ThlS report outlInes: (1) the estimated tax increme'lt
funds proposed to be used to pay for the costs of constructIng
the publlC lmprovements, (2) the determlnatlon that the
pUblIC improvements are of beneflt to the Ocean Park
Redevelopment ProJect area, (3) the determlnatlon that no
other reasonable means of flnanclng the pUblIC improvements lS
avaIlable to the communlty, and (4) a general descr:pt:on of
the redevelopment purpose for whIch the taxes are belng used
to pay for the constructlon of the pUblIC improvements.
II E5TI~ATS~ T~Y. INCRsuS~T FUNDS BE USED FOR PAY~ENT OF
CC~STRUCTICN OF PUBLIC F~CIL:TIES AND IHPROVE~ENTS.
Constructlon Cost EstImates eonce~nlng
E~anch LIbrary Impcoveme~ts deSCClbed In thiS
are set forth In Exhlblt .C. hereof.
the Ocean Park
sum.mary repc!"t.
II!.
FAC~5 5VPPC~T:NG FINDIN~5
A T~S PU=~IC IM?R8VEMENTS ARE OF BE~EFIT TO TUE OCE~~
P~?K RE:EVELO?ME~T PROJECT AREA.
The proposed publ:c lmprovements referred to ln 5ectlor
II above w:ll benefIt the Ocean Park Redevelopment ProJect
area ln the followlng ways:
(11 Ellmlnate a substantIal safety hazard for lIbrary
users and ProJect Area resldents by provldlng structural
rehabllltation and re:nforcement of sald publlC library
bUlldlng, nOlse controls and alr condltlonlng, so as to
prOVIde a safe and healthy environment for use of such puollc
bu:ldlng and ltS fac:lltles.
(2) PrOVIde
dIsabled persons
nel<;hbor"ood.
access to
In the
such llbrary
ProJect Area
faCllltles to
and lmmed:ate
(3) ~xpand learnlng and educat:onal "pportunltles for
chIldren In the ProJect Area and lmmedlate neIghborhood due to
the Increased sIze and programs of the new ch:ldren's lIbrary.
2
.
.
(4) Provide a more attractive and functional community
meeting area for use by residents of the Project Area and
immediate neighborhood.
(5) Preservation and protection of a public building
which has been designated as a City landmark, and which adds
te the overall community history.
It should be noted that although the Ocean Park Branch
Library is not within the designated boundaries of the Ocean
Park Redevelopment Project Area, it is in extremely close
proximity to the Project Area. The proximity of said oublic
library to the Project Area is an attraction and of benefit to
residents of the Project Area, particularly since it is the
only facility of its kind whioh is in the immediate
neighborhood of the projeot Area and easily accessible for
Project Area residents. - ~
. The improvements to the public library will provide for
2mproved educational opportunities and community programs for
Project Area residents as well as persons residing, visiting
or working in the immediate neighborhood in which the Project
is located.
B. NO OTHER REASONABLE MEANS OF FINANCING THE PUBLIC
FACILITIES AND IMPROVEMENTS IS AVAILABLE TO THE COMMUNITY.
In Califo~nia, municipal o~ tax-exempt financing has
t~aditionally taken one of two basic fo~ms: general
obligation bonds or revenue bonds. General obligation bonds
pledge ad valo~em property taxes without limit as to rate or
amount; hence, they were highly regarded by investors and
commanded the lowest borrowing rate because of their minimal
credit risk. However, Article XIIIA of the California
constltution, adopted in 1978, prohibits issuance of such
general obligation bonds.
Revenue bonds are payable from a specific revenue source
other than property taxes. These bonds have been used
extensively for financing water, sewer, or other utility
systems, toll bridges and airports, where revenues of the
enterprises are reasonably well assured. Issuance of
conventional revenue bonds generally requires ~ simply
majority vote. However, the proposed improvements will not
generate any revenue, so such financing is not feaslble.
The City's general revenues are another possible source
revenue for the proposed improvements. However, followlng
passage of Proposition 13, severe strains were placed on
Clty's revenues because of the curtailment or withholdlng
cities by the State of Californla of revenues
of
the
the
from
3
traditionally sJltented to local governme~. While some of
these sources have been returned to cities in the State's FY
1984-85 budget, there is no certainty that the reduction of
the subvention stream might not reoccur. The fact of
historically diminished revenue, uncertainty of future
revenues, and the need to prOVide a suitable level of service,
dictates that if the City advances any of its general
operating reserVe for the proposed improvements, a means of
recovering the cost be available from the Agency from tax
increment revenues.
Tax increment revenues or tax allocation bonds proceeds
are the only viable metho~ of financing the proposed
improvements. Tax allocation bonds are payable from and
secured solely by tax revenues to be derived from the Project
Area and the use of such revenues is appropriate since the
Project Area will be benefitted. Tax increment revenues are
allocated annually to the Agency to the extent of Agency
indebtedness, and are paid from the portion of taxes in excess
of the assessed valuation of that property in the base rear of
the Project.
IV. THE REDEVELOPMENT PURPOSE FOR WHICH TAX INCREME!;7 FUNDS
ARE BEING USED TO PAY FOR THE PUBLIC IMPROVEMENTS.
The Redevelopment Plans l(a) and l(b) for the Ocean Park
Redevelopment Project contemplate that a number of public
improvements will be provided to turn the Project Area from
stagnant and underutilized land to productive use and an asset
to the City. Among the public improvements and utilities to
be provided in connection with the redevelopment of the Site
as provided for in the Redevelopment Plans are traffic
signals, landscap2ng, and similar site preparation
necessities.
Since the Redevelopment Plan for Project l(a) was
adopted in 1960 and the Redevelopment Plan for Project 1 (b)
was adopted in 1961, the Agency has been in the process of
redeveloping the vicinity of the Site by' planning and
developing necessary public improvements (such as streets and
related facilities) and utilities to remove the cond2tion of
inadequate facilities which was impeding the development of
the area. The Agency now proposes to continue that
redevelopment effort by making the public library a positive
asset to the Project Area. The library will be structurally
rehabilitated: remodeled and expanded.
The proposed improvements will encourage better use of
the library facilities by Project Area residents and persons
residing, visiting or employed. in the immediate neighborhood
in which the Project is located. The Agency seeks to further
the purposes ef redevelopment by making the area more
attractive to visitors and residents, thus expan0lng
employment opportunities for jobless and under~~ployed persons
and providing an envi ronment for social, economJ.c and
psychological growth and well-being.
4
Ic IS a~clpaced chat the lm?rO~ lIbrary facllltles
wl:l attract r"ldents and Vlsltors to the Pro:e~~ Area, W~lC~
wIll enhance the developmenc of adJacenc porclons of the
ProJect ~rea.
5
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